Efetividade do direito à privacidade na transferência internacional de dados sob a Lei Geral de Proteção de Dados do Brasil

Abstract

Globalization, combined with advancements in information and communication technologies, has shifted global economic practices into the virtual realm. This shift has necessitated the constant cataloging of significant aspects of life, such as genetic, biometric, racial, sexual orientation, gender, tax, and credit data, among others. As a result, an invasive economy has emerged, raising legal concerns regarding its interference with individual freedoms. In light of this context, this work addresses the following question: Considering the international transfer of data as a cornerstone of the contemporary economy, is the right to privacy effective in regulating the cross-border flow of personal data? By analyzing Brazil’s General Data Protection Law (LGPD) and the Brazilian International Data Transfer Regulation (ANPD Resolution No. 19/2024), this dissertation aims to investigate the effectiveness of the right to privacy in the context of international personal data transfers. The first specific objective is to examine the historical evolution and foundational principles of the Right to Privacy and Personal Data Protection. The second specific objective is to conduct a comparative analysis of national, foreign, and international regulatory frameworks for personal data protection and the right to privacy. The third specific objective is to identify the legal bases for international personal data transfers in Brazil.The fourth specific objective is to assess the effectiveness of the right to privacy for data subjects in Brazil within the context of international data transfers.The first hypothesis is that an analysis of the fundamental principles of the Right to Personal Data Protection will provide valuable insights into the regulation of international data transfers, shedding light on the effectiveness of the Right to Privacy. The second hypothesis is that an understanding of jurisdictional aspects, as well as the legal standards of the GDPR and data protection frameworks in Latin America, will help identify challenges to the effectiveness of the right to privacy. The third hypothesis is that an examination of Brazil’s General Data Protection Law (LGPD) will reveal whether the national regulatory framework is sufficient to safeguard international personal data transfers. The fourth hypothesis is that an investigation of national, foreign, and international regulatory practices, along with related concepts, will contribute to determining greater effectiveness for the Right to Privacy in Brazil.